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Regulation 59 Instructing counsel

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where it appears to an assisted person’s solicitor that the proper conduct of the proceedings so requires, he may instruct counsel; but, unless authority has been given in the certificate or by the Area Director,–

(a)

counsel shall not be instructed in authorised summary proceedings; and

(b)

a Queen’s Counsel or more than one counsel shall not be instructed.

(2)

Any instructions delivered to counsel under paragraph (1) shall–

(a)

include a copy of the certificate (and any amendments to it) and any authority to incur costs under this Part of these Regulations;

(b)

be endorsed with the legal aid reference number; and

(c)

in the case of authorised summary proceedings, show the authority for counsel to be instructed;

but no fees shall be marked on any set of papers so delivered.